Oceanside Municipal Code Ch. 19 Oceanside Beach

Footnotes:

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Editor's note— Ord. No. 90-11, § 1, adopted March 14, 1990, repealed Ch. 19 in its entirety, which pertained to Oceanside Beach and derived from Ord. Code, §§ 7510—7514, 7520—7520.2, 7521, 7522, 7531, 7532, 7541—7543, 7545, 7546; Ord. No. 67-13, § 2; Ord. No. 67-28, §§ 1, 2; Ord. No. 69-2, §§ 1, 2; Ord. No. 69-35, §§ 1, 2; Ord. No. 75-14, § 2, adopted June 18, 1975; Ord. No. 81-39, §§ 1—7, adopted July 8, 1981; Ord. No. 83-13, § 3, adopted April 27, 1983; Ord. No. 84-27, § 3, adopted June 24, 1984; Ord. No. 84-28, § 3, adopted July 11, 1984 and Ord. No. 89-16, § 1, adopted Aug. 23, 1989. Section 2 of said Ord. No. 90-11 enacted provisions designated as a new Ch. 19 to read as herein set out. See the Code Comparative Table for a detailed analysis of inclusion.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Oceanside Beach. The "Oceanside Beach" or "beach" shall be defined as all that publicly owned shoreline area within the limits of the City of Oceanside. This area shall include but is not limited to portions of shoreline immediately west of the following areas: Harbor Beach, the San Luis Rey River mouth and adjacent residential development project, and The Strand.

Surfing. The term "surfing," as used in this chapter shall mean the use in the water of any surfboard, paddleboard, skimboard, or similar device made entirely or partially of wood, fiberglass, hard plastic or any other hard surface.

(Ord. No. 90-11, § 2, 3-14-90)

(a) It shall be unlawful for any person to build, ignite or maintain a fire at any time during the day or night upon the Oceanside Beach, except in a city provided fire ring. The prohibition of this section shall not apply to fires confined in any BBQ, hibachi, stove or similar cooking device except that it shall be unlawful to position or use any such device so as to unreasonably endanger the safety of persons or the integrity of public or private property, including but not limited to the municipal pier.

(b) No person shall build, ignite, or maintain a fire in a city provided fire ring with tires, tar, or any material which emits or causes the emission of any toxic or noxious fumes, vapors, or smoke.

(c) No person shall place, lay or deposit any combustible material on top of any perimeter of any city maintained fire ring nor build, construct, or maintain any combustible edifice extending more than two (2) feet above such perimeter.

(d) No person shall build, ignite or maintain a fire on the Oceanside Beach between the hours of 11:00 p.m. and 6:00 a.m. on every day of the week.

(e) Any wood that is stacked, stored, placed or burned in a fire ring must be less than (30) inches in length. No treated woods or pallets shall be allowed for usage in fire rings. All fire wood shall be attended to at all times and must be properly disposed of.

(f) No cutting, sawing or other means of shredding wood may take place on the Oceanside Beach, sidewalks, streets or parking lots.

(g) All fires must be completely extinguished with water. Sand may not be used as a means of smothering or extinguishing fires.

(Ord. No. 90-11, § 2, 3-14-90; Ord. No. 90-25, § 1, 7-11-90; Ord. No. 98-08, §§ 1, 2, 4-1-98; Ord. No. 24-OR0698-1, § 1, 12-18-2024)

The recreation director and public services director are hereby authorized and directed to designate from time to time portions of the beach for the purpose of building fires for picnic purposes provided that such designation shall not be as to unduly concentrate fire emissions in any neighboring, residential area, Appropriate signs and fire rings shall be placed at all such designated areas.

(Ord. No. 90-11, § 2, 3-14-90)

It shall be unlawful for any person to deposit, drop, throw, leave, or otherwise cause any bottles, papers, food, wood or any waste, refuse, or rubbish whatever on the beach or in the ocean except in trash cans or other waste receptacles designated to receive same.

Notwithstanding the exception to the prohibition referenced in the preceding paragraph, no person shall deposit or otherwise leave any hot coals in any waste receptacle except for receptacles which are specially marked as being for that purpose.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall maintain or occupy any overnight camp or otherwise sleep on the beach during the hours between sundown and sunrise, nor maintain or occupy at any time a tent or similarly enclosed shelter on the beach.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall ride, direct, or accompany a horse or other animal on the beach. This prohibition shall not apply to guide dogs for the physically impaired or dogs under the control of a law enforcement officer acting within the scope of his prescribed duties.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall drive any motor vehicle or ride any motorized machine on the beach. This prohibition shall not apply to persons driving government vehicles while on official business or to any physically handicapped person being transported by a motorized wheelchair.

(Ord. No. 90-11, § 2, 3-14-90)

City lifeguards may designate with appropriate signage the dates and hours when wading, bathing, or swimming shall not be permitted in any designated surfing area by any person, unless such person has in his possession and is using a surfboard, as defined in section 19.1. No person shall wade, bathe, or swim in a designated surfing area in violation of any such regulation. This section shall not apply to city lifeguards or any person engaged in a bona fide rescue attempt.

(Ord. No. 90-11, § 2, 3-14-90)

It may be unlawful to use any surfboard, paddleboard, bellyboard, skimboard, ski, jet ski, canoe, rubber lift raft or similar object made entirely or partially of wood, metal, glass, hard plastic or any other hard surface, at any time on the beach or in the Pacific Ocean within the city in a manner that constitutes a hazard to any other person.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall ride, use or otherwise employ a surfboard, boat or other vessel or otherwise be in or upon the Pacific Ocean within one hundred (100) feet of any portion of the municipal pier. The prohibition of this section shall not apply to city lifeguards or to any person while engaged in a bona fide rescue attempt.

(Ord. No. 90-11, § 2, 3-14-90)

Any city or harbor police officer, lifeguard, or other city employees designated by the city manager to enforce surfing regulations may prohibit surfing with a surfboard, paddleboard or other similar device at any time that such activity becomes hazardous as a result of storm, congestion of people, or other conditions which endanger the safety of persons participating in surfing or other persons using the beach. No person shall fail, refuse, or neglect to stop surfing activities or to leave the water when ordered to do so by any city employee referred to above.

(Ord. No. 90-11, § 2, 3-14-90)

The authority to prohibit surfing set forth in section 19.11 may be exercised by displaying signal flags consisting of a solid black circle in the center that is one foot in diameter on a yellow background with dimensions of two (2) feet by two (2) feet, commonly known as a "black ball" flag. When such flags are displayed on the beach they shall signify that surfing is prohibited. During the times the black ball flag is displayed swimming and bathing only shall be permitted in the waters of the Pacific Ocean adjacent to the beach within two hundred (200) yards of the point of the display of the black ball flag, provided that where the black ball flag is displayed from consecutive operational lifeguard towers, lifeguard stations, etc., that all water of the Pacific Ocean adjacent to the beach shall be restricted to swimming and bathing only.

(Ord. No. 90-11, § 2, 3-14-90)

The city manager or his designated representative is authorized, if there exists a dangerous or hazardous condition within or upon the Oceanside Beach wherein the immediate safety of surfers, swimmers, or bathers is in jeopardy, to declare any portion of the Oceanside Beach temporarily closed to surfing, bathing, or other water activities. Such temporary closing shall not exceed ten days, but subsequent renewals of such order may be made if the city manager or designated representative deem it necessary. Any such action may be reviewed by the city council if it deems it necessary, and any appropriate action may be taken by the city council after it completes its review. In the event of an emergency closing of the Oceanside Beach to surfing, appropriate signs or other markings deemed necessary by the city manager or designated representative shall be prominently displayed in the area affected.

With respect to any area within that portion of the Oceanside Beach inside the Small Craft Harbor District, the city manager, harbor chief executive officer, or their respective designated representatives, shall have the authority referenced in the preceding paragraph.

(Ord. No. 90-11, § 2, 3-14-90)

Any lifeguard or other city employee designated by the city manager is hereby given all the powers of a police officer for the purpose of enforcing the provisions of this chapter.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall intentionally shake or rock, climb, or cause someone else to climb on, any lifeguard station or ladder affixed to such station on the beach.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall willfully resist, delay, or obstruct any lifeguard in the discharge or attempt to discharge any duty of his position.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall occupy or cause items of property to occupy any duly designated vehicle access or security area adjacent to any lifeguard station on the beach so as to block, hamper, impair, or otherwise interfere with the use or possible use of such area by lifeguards or other authorized emergency personnel.

(Ord. No. 90-11, § 2, 3-14-90)

No person shall participate in any sports, games, or other physical activities when such participation interferes with or endangers the comfort, repose, health, peace, or safety of persons on the beach or the adjacent environs.

(Ord. No. 90-11, § 2, 3-14-90)

The city council or special events committee, pursuant to the regulations set forth in Chapter 30A of the City Code, may waive or set aside any portion of this chapter of the Oceanside City Code for the duration of a permitted special event.

(Ord. No. 90-11, § 2, 3-14-90)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 90-11, § 2, 3-14-90)